APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| KRZYSZTOF DOMITRZ, Appellant, -against- DAWN RODRIGUEZ and "JOHN DOE", Respondents. |
DECISION
Motion by tenant-respondent for an order dismissing the appeal as moot denied.
The issues raised are dehors the record and neither moot the appeal nor warrant its dismissal. The denial of the motion is without prejudice to tenant seeking any appropriate relief in the court below.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| SARA BUSCEMI, Respondent, -against- FRANCISCO MEJIA, D.D.S., Appellant, -and- LUIS MENENDEZ, D.D.S., Defendant. |
DECISION
That branch of the motion by appellant for an enlargement of time to perfect the appeal is granted on condition that the appeal be perfected by April 1, 2005; otherwise, appeal dismissed.
That branch of the motion seeking a stay has been denied as academic.
It appears that a undertaking has been posted in the court below (see CPLR 5519 [a] [3]).
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| JEFFREY PAMPINELLA, Respondent, -against- MINDY GILDEN, Appellant. |
DECISION
Motion by tenant-appellant for a stay pending appeal is denied.
Cross motion by landlord-respondent denied as academic.
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- MARK A. PAGAN, Appellant. |
DECISION
Motion by the defendant-appellant for poor person relief is granted and counsel assigned pursuant to Article 18-B of the County Law.
Appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this order.
The stenographer of the trial court shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney, who is now assigned as counsel to prosecute the appeal, and
Assigned counsel shall serve a copy of the transcript upon the District Attorney and proof of service shall be filed simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript with the record, which shall then be filed with this court, and
Upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report.
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- DEBORAH ROBINSON, Appellant. |
DECISION
Motion by defendant-appellant for poor person relief is granted and counsel assigned pursuant to Article 18-B of the County Law.
Appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this order.
The stenographer of the trial court shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney, who is now assigned as counsel to prosecute the appeal, and
Assigned counsel shall serve a copy of the transcript upon the District Attorney and proof of service shall be filed simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript with the record, which shall then be filed with this court, and
Upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report.
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- WILLIAM VAN ALST, Appellant. |
DECISION
Motion by the defendant-appellant for poor person relief is granted and Legal Aid Society is assigned.
Appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this order.
The stenographer of the trial court shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney, who is now assigned as counsel to prosecute the appeal, and
Assigned counsel shall serve a copy of the transcript upon the District Attorney and proof of service shall be filed simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript with the record, which shall then be filed with this court, and
Upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report.